Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 19, 2024
CASE NO(S).: OLT-21-001564
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Telephone City Aggregates Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 390 unit residential development including detached dwellings and multiple residential dwellings
Reference Number: ZBA5/14/MD
Property Address: Part of Lots 13-16, Concession 1
Municipality/UT: Brantford/Brant
OLT Case No: OLT-21-001564
OLT Lead Case No: OLT-21-001564
OLT Case Name: Telephone City Aggregates Inc. v. Brant (County)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Telephone City Aggregates Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a 390 unit residential development including detached dwellings and multiple residential dwellings
Reference Number: PS1/14/MD
Property Address: Part of Lots 13-16, Concession 1
Municipality/UT: Brantford/Brant
OLT Case No: OLT-21-001565
OLT Lead Case No: OLT-21-001564
Heard: June 26, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Telephone City Aggregates Inc. | Shelley Kaufman, Scott Snider (in absentia) |
| County of Brant | David Tang, Thomas Sanderson (in absentia) |
| Laura Shoots | Alex Ciccone |
MEMORANDUM OF ORAL DECISION DELIVERED BY MATHIEU QUESNEL AND F. LAVOIE ON JUNE 26, 2024 AND ORDER OF THE TRIBUNAL
1This Decision follows the third Case Management Conference convened to consider the appeals filed by Telephone City Aggregates Inc. (“Appellant”) against the failure of the County of Brant to make decisions with respect to applications to rezone and approve a plan of subdivision on lands described as part of the William Curtis Grant, in the Town of Paris, and which are currently zoned for aggregate extraction.
2The applications, which seek approvals for 390 residential units, including 274 detached dwellings and 116 multiple residential dwellings, were originally submitted in 2013 and remained largely inactive until appealed to the Tribunal in 2021, in the midst of the County having undertaken an Official Plan review to establish the planning framework for development up to the 2051 horizon.
3The Parties have been in continuous discussion for a possible resolution, but no settlement has been reached. The Parties have indicated that they intend to continue their discussions and would like to schedule an additional CMC. They also jointly requested the scheduling of a Merit Hearing of five (5) days. A draft Procedural Order has not yet been filed with the Tribunal, but the parties agree to file one with a complete draft Issues List, on or before Wednesday, July 24, 2024. The Parties will advise the Tribunal in advance if they have come to a resolution, at which point the next CMC could instead be converted into a Settlement Hearing.
4The Tribunal has scheduled a five-day Merit Hearing to commence by video on Monday, February 24, 2025 at 10 a.m. and to proceed until Friday, February 28, 2025 at 5:00 p.m.
5The Tribunal has also scheduled a fourth CMC, to be held by videoconference on Monday, November 04, 2024.
6The Hearings are scheduled to proceed by video as follows: Case Management Conference: Monday, November 04, 2024 at 10 a.m.
GoTo Meeting: https://global.gotomeeting.com/join/979388733 Access code: 979-388-733
Audio-only telephone line: +1 (647) 497-9373 or Toll-Free: 1-888-299-1889
Audio-only access code: 979-388-733
Merit Hearing: Monday, February 24, 2025 from 10 a.m. – 5 p.m. to Friday, February 28, 2024 from 10 a.m. – 5:00 p.m. (5 Days)
GoTo Meeting: https://meet.goto.com/278736685 Access code: 278-736-685 Audio-only line: +1 (647) 497-9391 or (Toll-Free): 1-888-455-1389 Audio-only access code: 278-736-685
7Parties and Participants are asked to log in to the Hearing at least 15 minutes before the start of the event to test their video and audio connections.
8Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available:
https://app.gotomeeting.com/home.html
9Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line.
10Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the Hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
11THE TRIBUNAL ORDERS:
a. the Parties to file with the Tribunal a draft Procedural Order with a complete list of issues (“Issues List”) on or before Wednesday, July 24, 2024;
b. that the Hearing of the Merits will commence by video on the date set out above in paragraph 4 of this decision. Five days have been set aside for the Merit Hearing; and
c. that the fourth CMC will take place on the date set out above in paragraph 5 of this decision;
d. that this Panel is not seized.
“Mathieu Quesnel”
MATHIEU QUESNEL
MEMBER
“F. Lavoie”
FELIX LAVOIE
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.